Makueni Nominated MCA released on ksh 500,000 bond in cyber harassment case targeting MP Mutuse

A Makueni County nominated MCA has been released on a KSh500,000 bond or an alternative cash bail of KSh200,000 after pleading not guilty to a cyber harassment charge at the Milimani Law Courts.

Urbanus Kyalo Wambua appeared before Resident Magistrate Joan Mati on Thursday, August 13, 2026, where he denied the charge of cyber harassment contrary to Section 27(1)(a), as read with Section 27(2) of the Computer Misuse and Cybercrimes Act.

The charge relates to a TikTok video Wambua allegedly posted on August 5, 2026, in which he made remarks concerning Kibwezi West MP Mwengi Mutuse and other politicians.

According to the charge sheet, Wambua used his TikTok account, identified as HON KANZALA KANA OFFICIAL, to communicate remarks which the prosecution alleges were likely to cause Mutuse apprehension or fear of violence.

Wambua presented himself before the court after being arrested in Makueni and had earlier been released on a police bond of KSh50,000.

His lawyer urged the court to grant him reasonable bail terms, arguing that he is not a flight risk and has a permanent place of abode in Makindu.

The defence further argued that the case was politically motivated, questioning why Wambua was arrested in Makueni and subsequently arraigned at the Milimani Law Courts in Nairobi, kilometres away.

The prosecution, led by Victor Owiti, did not oppose the accused's release on bail but urged the court to impose reasonable terms.

“We do not oppose bail, but we urge the court to consider the aggravating factors and impose reasonable terms,” Owiti told the court.

Owiti argued that politicians had increasingly abused the internet and that Wambua's status as a nominated MCA and public officer was an aggravating factor that the court should consider when setting the bail terms.

The prosecution further argued that the KSh50,000 police bond was insufficient, noting that the court had a wider discretion in determining appropriate bail conditions.

Owiti also told the court that the charge is a felony rather than a misdemeanor and referred to the Court of Appeal decision in Bloggers Association of Kenya (BAKE) v Attorney General & 6 others, Civil Appeal No. 197 of 2020, delivered on March 6, 2026. The appellate court upheld the constitutionality of Section 27 of the Computer Misuse and Cybercrimes Act.

In her ruling, Magistrate Mati said Wambua's conduct after being released on the KSh50,000 police bond demonstrated his willingness to comply with court orders.

The magistrate noted that there was no allegation that Wambua had breached the police bond or failed to comply with any requirement imposed on him.

She further found that there was no evidence before the court that he was a flight risk, was likely to interfere with witnesses or would obstruct the administration of justice.

“There is no evidence before the court that he is likely to abscond, interfere with witnesses, or otherwise obstruct the administration of justice,” Magistrate Joan Mati said.

On the defence's claim that the case was politically motivated, Mati said the court could not determine the merits or motivation of the prosecution at the bail stage.

She said whether the case was politically motivated was a matter requiring evidence and could not be established merely from the political positions of the accused and complainant.

“Whether the charge is politically motivated is a matter that requires evidence and cannot be established merely from the political position held by the accused and the complainant,” Mati ruled.

The magistrate also said the seriousness of the offence and the potential sentence could be considered when determining bail but could not, on their own, justify excessive bail terms.

Mati ordered Wambua to execute a bond of KSh500,000 with one surety of a similar amount, or alternatively pay KSh200,000 cash bail and provide two contact persons to the court.

She further directed Wambua to attend court whenever required and barred him from directly or indirectly interfering with, intimidating or contacting prosecution witnesses regarding the case.

The accused was also ordered to provide the court with his full residential details and telephone contacts and notify the court of any changes.

The case will be mentioned on August 24, 2026, for further directions.

About the Author

Rhoda Bogeta is a Kenyan journalist and multimedia storyteller covering current affairs, human-interest, science and environmental stories, with expertise in reporting, photography, videography and digital content creation. Email: rhodabogeta@gmail.com Instagram : i_am_bogetar X : @I_am_Bogetar LinkedIn: Rhoda Bogeta Tiktok : monique.mora_

Makueni Nominated MCA released on ksh 500,000 bond in cyber harassment case targeting MP Mutuse

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